In times of difficult situation in the country, during an economic crisis, employers are faced with the need to leave notice for various reasons, for example:
- Reduction of staff
- dismissal at the initiative of the employer
- transfer to another position
- company reorganization
- its liquidation
- various changes to the employment contract
Any notification is drawn up in free form, unless otherwise provided by the regulations of the enterprise, for example, a unified form has been developed for each type of notification. It must indicate the reason why it is being handed over and the date from which this event comes into effect.
The employee must be notified of the layoff no later than two months in advance.
In what cases is notification required?
The generation of notifications for employees of organizations can occur for a variety of reasons. In particular, it is necessary to write them in the event of an upcoming staff reduction, planned layoffs, transfer to another position, upcoming vacations, reorganization or liquidation of the company, various changes in the terms of the employment contract, etc.
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Any notification, as a rule, is generated in a free form, with the exception of situations when the company’s accounting policy has a unified form that is accepted for circulation within the given company. It must indicate the reason for the circumstances for which it was written and the date from which these events will come into force.
At the same time, the period during which it is necessary to notify an employee about a particular event is almost always regulated by law and can be different: sometimes it is at least two months (as in the case of layoffs and reductions) sometimes – two weeks (as in the case of vacation).
Dismissal due to staff reduction - Labor Inspectorate
With equal labor productivity and qualifications, the following employees have the advantage of remaining in the event of a reduction in the number or staff of the organization's employees: Collective agreements or local acts may provide for additional categories of employees who have a preferential right in case of reduction (taking into account Article 8, part three of Article 179 of the Labor Code of the Russian Federation). A ban on reducing the number and staff of employees, when the employer is prohibited from dismissing the following persons: to the labor inspectorate and file an appeal to the commission on minors’ affairs and protection of their rights. After which the employer will be able to receive from them the appropriate document that they agree to dismissal (the basis is article 269 of the Labor Code of the Russian Federation). If, due to downsizing and staff reduction, employees from among orphans or children left without parental care are fired, the enterprise will have additional responsibilities. The employer is obliged to provide vocational training at its own expense, and then employ the minor in its own or in a third-party organization.
This is specified in paragraph six of Article 9 of the Law of December 21, 1996, No. 159-FZ. This must be done at least two months before the expected date of dismissal. In exceptional cases, when reducing numbers or staff, other deadlines apply, within which it is recommended to notify employees : if the employee is employed by an individual entrepreneur.
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Such categories of employers have the right to set the warning period independently and make this period shorter. For example, notify employees two weeks in advance, similar to notifying the employment service. If employees are absent from work, for example, on vacation or on sick leave, you can notify them of the upcoming dismissal by mail or using a courier service.
This will allow you not to delay the procedure itself and not wait for employees to come out to give notice. The date of dismissal is indicated with the proviso that if at the time of dismissal the employee is on sick leave or on vacation, then the dismissal will take place on the first working day after these events. If the employee refuses to put his signature on the notice, then it is necessary to read the text of the notice out loud and draw up the appropriate one. In the notice, the employer has the right to offer to terminate the employment contract before the established two-month warning period expires.
With this option, it is necessary to obtain written information from the employee. In case of refusal, a note about this is made on the written offer received from the employer.
Mistakes of employers when reducing staff -
It is necessary to offer available vacancies to the employee during the entire period of validity of the notice. Individual entrepreneurs pay severance pay and average earnings for the entire period of employment, provided that such obligations were included in the employment contract concluded with the employee (taking into account Article 307 of the Labor Code of the Russian Federation). The average monthly salary is retained by the employee in exceptional cases during the third month from the moment of dismissal. But for this it is necessary to obtain a decision from the employment service authorities.
This is possible if the employee applied to these bodies within two weeks from the date of dismissal, and he was not employed within two months. Notification of the trade union in the event of a reduction in number and staff reduction is carried out if this body is present in the organization.
This must be done in the event of a reduction in personnel or staff, the employer must notify the employment service in writing. There is no unified form of notification established by law, so the relevant information is submitted in an arbitrary manner. As a general rule, notification must be received two months before the proposed event.
The poor economic situation has a negative impact on areas of public life. Probably everyone has already felt the onset of the economic crisis.
Is it possible not to sign a notice of redundancy?
In this case, positions will be excluded from the staffing table. In order for the implementation of measures to reduce the number of staff to be legal, it must meet the following requirements: ► The decision made must comply with the requirements of the law, which implies its adoption by an authorized person and in the prescribed form, that is, it must be issued order for reduction, as well as changes to the staffing table ► Employees must be properly notified of the upcoming dismissal. Article 180 of the Labor Code of the Russian Federation requires the employer to warn the employee in writing, against signature, about the upcoming reduction at least two months before dismissal.
If the employee refuses to sign the notice, then it is necessary to confirm this point in the presence of several employees of the organization. This act is drawn up for the subsequent subpoena of the signatories of the act, who will act as witnesses to the delivery of this notice to the employee.► The Labor Code of the Russian Federation provides for the obligation of workers to find employment for laid-off workers .Article 81 of the Labor Code of the Russian Federation states that on this basis it is only possible to transfer an employee to another job available to the same employer, naturally with the written consent of the employee.
Article 81 of the Labor Code of the Russian Federation states that, on this basis, an employee can only be transferred to another job available to the same employer, naturally with the written consent of the employee. Thus, the employer must offer the employees being laid off other available jobs, even a lower-ranking and lower-paid position. However, the employer is not at all obliged to offer vacancies available in another area.
Although many workers dispute these actions of employers. In addition, positions occupied by temporarily absent employees (for example, on parental leave) are not vacant.
Therefore, employers are not obliged to offer them to retrenched employees.► Pre-emptive rights to remain in employment must be taken into account.
Reduction due to liquidation of an enterprise - General Ledger
Article 179 of the Labor Code of the Russian Federation provides a list of persons who have such a preferential right: workers with higher labor productivity and qualifications. It also establishes criteria for determining such persons in the case of equal labor productivity and qualifications.► Notification of the trade union about the reduction of workers, which must be carried out two months in advance before dismissal.► The procedure for dismissing an employee must be followed, which means issuing a dismissal order, making appropriate entries in the work book, as well as issuing it to employees, paying severance pay and other amounts due to employees. Upon dismissal due to a reduction in the number of employees additional guarantees and compensation are provided. In particular, severance pay is paid in the amount of average monthly earnings, and they also retain the average monthly earnings for the period of employment, but not more than two months from the date of dismissal. By decision of the employment authority, the average monthly earnings can be retained also in the third month, if the employee, after his dismissal, applied to the employment agency within two weeks and was not employed by him. If all of the above requirements for the procedure for reducing the number and staff are met, the dismissal will be considered legal. Due to the particular popularity that layoffs have enjoyed recently, quite often negligent employers commit various violations of one kind or another. Violations can be very different: illegal formulation of the grounds for dismissal; improper notification of the employee about the layoff; non-offering of vacancies; lack of consideration when making a decision to terminate the contract; preferential right to remain at work, and so on. You must challenge your dismissal in court. Please note that the Labor Code of the Russian Federation provides for a shortened statute of limitations for going to court in disputes about dismissal - within one month from the date of delivery of a copy of the dismissal order or from the date of issue of the work book.
Notifying an employee about layoffs
The subject of evidence in these cases will include such circumstances as: ► Indeed, the organization carried out a procedure for reducing its workforce or staff; ► Was the union warned about the upcoming reduction in numbers or staff; ► Was there written consent of the employee to the transfer; ► Whether the employee was offered vacancies available from this employer; ► Were all jobs and staff positions actually occupied at the time of dismissal? ► Was the employee promptly warned about the layoff. That is, it will be necessary to prove the presence of violations in the procedure for terminating the employment contract in order to reduce the number or staff of the organization’s employees. Evidence can serve, for example, the employer’s staffing table before and after the dismissal of workers; a copy of the dismissal order containing the illegal formulation of the grounds for dismissal; evidence that confirms that the employee has a preferential right to remain at work if the employer did not take it into account; business correspondence between an employee and an employer, etc. The specialists of the Legal Agency “DF” will help you understand the intricacies of labor law and protect your rights and interests. Sometimes companies may need to downsize. This may be due to a decrease in funding, a difficult economic situation at the enterprise, or any other cases when it is not possible pay wages to employees in full. Most often, unskilled workers or citizens who have recently joined the company are laid off, and this event usually does not affect old employees. To make staff reductions, employers must adhere to the following procedure: If the employer simply wants to fire unwanted employees, writing them off to reduce staff, but the work book indicates a different reason, such an action is considered unlawful. The fact is that during a reduction, the process of the procedure cannot be disrupted, and each employee must be offered another place corresponding to his qualifications and education. They can agree to the options provided , and you won’t be able to say goodbye to them.
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Notification procedure
Notifications must be drawn up in writing and delivered within the specified period to the addressee against signature.
You can send a notification in different ways. The simplest and most accessible: give it personally from hand to hand to an employee. But this is not always possible (for example, an employee of an enterprise may be on sick leave, on vacation or on a business trip). In such cases, it is permissible to send the notice to him through regular mail by registered mail with return receipt requested, in which the employee must also sign his autograph (thus, this method ensures that the notification reaches him). Another way is to transfer the document to the addressee’s place of residence through a representative, but this is only permissible if the condition is met that he has a power of attorney certified by a notary office.
Why is the act needed, its meaning
Refusal to sign a notification does not at all mean that the actions specified in the document cannot be carried out in relation to the employee of the enterprise who expressed it.
On the contrary, the act certifies the fact that the employer, for his part, has complied with all the norms of the law and has the right to continue to act as required in the current situation. In the future, this document may be useful for resolving disputes and disagreements that have reached the labor inspectorate or the court.
To document or not to document a refusal to sign
How exactly to document a refusal to sign depends on the situation:
- the legislation provides for the drawing up of an act;
- the legislation provides for putting a mark on refusal to sign on a document with which the employee must be familiarized;
- The legislation does not directly indicate the procedure for documenting a refusal to sign.
What is a local regulatory act of an organization and by what rules it is drawn up - see here:
As an example of a situation where a refusal to sign is accompanied by the compulsory drawing up of an act, one can cite the refusal of the person being familiarized with the signature on the order of disciplinary action. In this case, drawing up an act is required in accordance with Art. 193 of the Labor Code of the Russian Federation.
Labor Code of the Russian Federation Article 193. Procedure for applying disciplinary sanctions
Before applying disciplinary action, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up. Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action. Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time necessary to take into account the opinion of the representative body of employees. A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings. For each disciplinary offense, only one disciplinary sanction can be applied. The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up. A disciplinary sanction can be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.
Features and nuances of form design
The execution of the act, just like its format, completely depends on the compiler: this means that he can make the act on a simple sheet of paper or on a form with the company logo and details of the enterprise. The act can be written by hand or typed on a computer, although in the second case it will need to be printed.
The act must be prepared in several identical copies, according to the number of persons present, and one of them must remain in the organization - in the future, if necessary, it will act as written evidence of the refusal.
Sample act
If you need to create an act of refusal to sign a notification that you have not done before, look at its example and comments to it - with their help you can easily draw up the form you need.
- First, enter the name of the organization, then the name of the document, its number, location, and date of formation.
- Next, be sure to certify the fact that the company employee refused to sign the notification, indicating his position, full name, and also include information about the notification itself, indicating its number and date.
- Briefly note in the act the essence of the notification, include in it information about the person who compiled it and about all the people present.
- Finally, be sure to complete all required signatures.
Early dismissal due to layoffs
The chief accountant says that she read somewhere that an employee still retains his old salary for 1 month.
Then put them in a separate folder for storing all the documents and put them in the archives. Once it is no longer needed, it can be destroyed.
- The name of the organization is indicated in full;
- in whose presence the paper was drawn up;
- name of the act (on refusal to sign the notice of layoff)
- what we are talking about, concisely (warning about staff reductions and impending dismissal);
- a phrase stating that such and such (job title, surname, first name and patronymic) refused to sign the notification;
- how did he explain it? (if not, then that’s how it should be written – “not justified”);
- signatures with transcripts, organization seal
But first, he is asked in writing to transfer from his to another vacant position in the organization (Part 3 of Article 81 of the Labor Code of the Russian Federation), which may either correspond to his qualifications or be lower-ranking or lower-paid. There is only one condition: the employee must have no medical contraindications for this work. Important! The act is drawn up precisely at the moment of refusal to sign the notification; accordingly, it is illegal to sign it retroactively.
